Page:United States Statutes at Large Volume 49 Part 2.djvu/1217

PARCEL POST AGREEMENT-WINDWARD ISLANDS. May 20, 1935. June 21, 1935. 3233 XI. RETURN RECEIPTS AND INQUmIES. Return receipts >lnd inquiries. 1. The sender of an insured ;(lRrcel may obtain an advice of deliv- Ad\"iceofde1ivery. ery upon payment of such addItional charge, if any, as the country of origin of the parcel shall stipulate. . 2. A fee may be charged, at the option of the country of origin, on tio~~uest for informa- a. request for information as to the disposal of an ordinary parcel and also of an insured parcel made after it has been posted if the sender has not already paId the special fee to obtain an advice of delivery. A fee may also be charged, at the option of the country of origin, 1 90m plaint of irregu- in connection with any complaint of any irregularity which prIma anty. facie was not due to the fault of the Postal ServIce. 3. When an advice of delivery is desired. the sender or office of Marking requests. origin shall write or stamp on the parcel, in a conspicuous manner, the words "Return receipt requested," l.'Advice of delivery re- quested," or boldly, the letters "A.R." XII. INDEMNITY. Indemnity. 1. Except in cases of loss or damage through force majeure (causes Allowance to sender. beyond control) as that term is defined by the legal decisions or rulings of the country in the service of which the loss or damage occurs, when an insured parcel has been lost, rifled or damaged the sender, or other rightful claimant, is entitled to an indemnity corre- sponding to the actual amount of loss, riflin~, or damage, based on ihe actual value at the time and place of maihng of the lost, rifled or damaged article, unless the loss, rifling or damage has arisen from the fault or negligence of the sender or the addressee or of the repre- sentative of either or from the nature of the article, provided that the Limitation. indemnity shall not exceed the sum for which the required insurance fee was paid in the country of origin. 'Vhile, as stated in the preceding paragraph, the Administrations j Loss by force m&- are not obli~ated to pay indemnity in the case of loss or damage due eure. to force majeure, either Administration may, at its option and with- out recourse to the other Administration, pay indemnity for loss or damage due to force majeure even in the cases where the Administra- tion of the country in the service of which the loss or damage occurred recognises that the damage was due to force majeure. 2. In the absence of special agreement to the contrary between the deTarmstroBot (talk)ei~t aOf, thf~d countries involved (whwh agreement may be made through corre- country. Ep'ondence) no indemnity will be paid by either country for the loss, nfling, or damage of transit parcels, that is, parcels originating in one of the two contracting countries addressed for delivery in some other country not a party to this Agreement or parcels originating in a third country addressed for delivery in one of the two contract- ing countries. 3. In case an insured parcel originating in the United States or. a ~'gr:,~~ded to the Windward Islands addressed to the other country is forwarded or returned from the United States or the Windward Islands to a third country, the rightful claimant shall be entitled to only such indemnity, if any, for any loss, rifling, or damage which occurs subsequent to the redispatch of the parcel in the country of original address as the country in which the loss, rifling, or damage occurred is willing or obligated to pay under any agreement in force between the countries directly involved in the forwarding or return. Either country adhering to this Agreement which improperly forwards an insured parcel to a third country, shall be responsible therefor to the extent of the liability of the country of origm to the sender within the limit of indemnity fixed by this Agreement.